Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49491 of 2025 Arising Out of PS. Case No.-239 Year-2022 Thana- AMARPUR District- Banka ====================================================== Chandan Yadav S/o Ramdev Yadav @ Ramde Yadav R/o Village- Jankipur, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amarpur P.S. Case No. 239 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, ten named accused persons including the petitioner herein are said to have come variously armed and one co-accused Ram Avatar Yadav shot at the informant's mother injuring her in her eyes.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submit that general and

Patna High Court CR. MISC. No.49491 of 2025(2) dt.04-08-2025 2/3 omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of firing is against the Ram Avatar Yadav. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.11.2024 and has ten criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 29.02.2024 passed in Cr. Misc. No. 76330 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. Case No. 239 of 2022, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.49491 of 2025(2) dt.04-08-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T